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(영문) 부산지방법원 2020.12.24 2020고정847
근로자퇴직급여보장법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of Busan Jin-gu C and is the employer who runs the printing business using two full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred: Provided, That in special circumstances, the payment date may be extended by mutual agreement between the parties concerned.

Nevertheless, the defendant is in charge of printing affairs from January 2, 2005 to January 31, 2020 at the above workplace.

The retirement allowance of 9,550,887 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant in this court;

1. Application of Acts and subordinate statutes entered in D of the statement concerning the police interrogation protocol to the accused;

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits Selection concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant, on behalf of the Defendant, led to a confession and reflect on the crime, and that the Defendant does not pay the total amount of retirement allowances and appears to have failed to pay some amount due to the aggravation of financial standing, and that part of the amount was paid to the victim during the instant trial, and in light of the Defendant’s age, character and conduct, intelligence and environment, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., a fine of KRW 1,00,000, which is prescribed in the summary order, is somewhat excessive. Thus, a fine of KRW

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